Is contesting a will really worth it?

A will, also referred as the ‘Last Will and Testament,’ is a legal document that states how a testator wants their estate to be left upon their death. A testator is a person making the will and their estate includes one or the combination of assets like property, possessions, money and savings. In the absence of such a will, the law dictates and determines how the assets will be distributed, which is typically assessed under the rules of intestacy.

Though a will may appear to be an odd or inequitable distribution of the estate (but if it is in accordance with the testator’s wishes), it is legally binding and therefore can be enforced by law despite the fact that a beneficiary might be disappointed by the will.

However, if the will hasn’t been executed correctly, or if it does not include or reflect the true intentions and aims of the testator, it may be invalid and can consequently be contested. The decision to contest the will is often challenging and legally complex, and can take a long time, creating disharmony and conflict among the deceased’s beneficiaries.

If you doubt the intentions of the executors and have concerns about their actions, you will need to approach an expert lawyer to contest the will. The lawyer will ascertain the most suitable response such as mediation and court proceedings.

Mentioned below are the circumstances where contesting a will can be really worth it:

Prevent the estate from getting into the possession of the wrong people

There are several situations in which you may question whether the testator’s final wishes are being followed. For instance, the testator was manipulated, coerced or deceived into signing the will against their best interests; the will could be a partial or complete forgery. 

In some cases, the deceased person may have lacked the testamentary or mental capacity to prepare a legitimate will. Whatever the circumstances and reasons, contesting the will could be the only unfortunate, but essential move to make sure that their loved one's estate is distributed exactly as per their wishes.

Ensure the adequate provision of estate to the dependents

Whether it's a minor, relatives with unsound mental health, or other dependents, it's essentially important that certain people should not be forgotten following the testator’s death.

You may experience the necessity to pursue an inheritance dispute on behalf of the dependents that have an authorised claim to make against the estate, particularly when they lack the capabilities.

Gain the greater share of the estate

Family members become estranged, loved ones get alienated and people can build long distances with even their closest relatives and friends, resulting in arguments. It can consequently be upsetting and distressful if you have received less from the estate than your expectations or have been entirely left out of a will, especially when you have tried to sooth the circumstances.

Family provision claims allow you to seek assets or money from the deceased’s estate as long as you are an eligible person under the jurisdiction of law. The eligible person normally includes current and former spouses, children and dependents, among others.

When you have one or more legal grounds for contesting a will

A valid legal ground is essential in order to contest a will. There could be one or more of the following grounds for contesting a will:

• Undue influence or coercion when the will is produced under the pressure exerted by a third party. Coercion can be of several formats ranging from verbal bullying, physical violence, to even the preparation of will during the testator’s sickness.

• Lack of testamentary capacity when the testator doesn’t have a sound mind, reasonable understanding and healthy memory. They must understand the nature of their acts and effects, the extent of the estate being distributed and the claim to which they ought to give an effect. In addition, they should not be the victim of any ‘disorder of the mind'.

• The will is produced in the absence of the knowledge and approval of the testator. If the deceased person was blind, illiterate, dumb and/or deaf, unable to write, or paralysed, you can contest the will.

• The will doesn’t comply with the section 9 of the Wills Act 1837.

• The will is forgery and fraud.

If you believe you have the grounds to contest a will following the above guidance, get in touch with an expert.